Midstream Energy Partners (Canada) Ltd. Non-compliance with respect to filing requirements under the National Energy Board Export and Import Reporting Regulations Export Orders ROE-006-2025 & EBU-051-2025
File 4673439
25 August 2025
Joe Secreti
Vice President of Logistics
Midstream Energy Partners (Canada) Ltd.
205 - 5 Avenue SW
Calgary, AB T2P 2V7
Email: 
Dear Joe Secreti:
Midstream Energy Partners (Canada) Ltd. Non-compliance with respect to filing requirements under the National Energy Board Export and Import Reporting Regulations Export Orders ROE-006-2025 & EBU-051-2025
This letter contains the direction of the Commission of the Canada Energy Regulator to Midstream Energy Partners (Canada) Ltd. regarding reporting obligations under the National Energy Board Export and Import Reporting Regulations (Reporting Regulations) and confirms that failure to submit complete filings by the 31 August 2025 deadline may result in enforcement action.
Background
The Canada Energy Regulator (CER) regulates pipelines, energy development and trade in the Canadian public interest. The export of certain commodities must be authorized by the Commission of the CER, under the Canadian Energy Regulator Act and the National Energy Board Act Part VI (Oil and Gas) Regulations.
The CER collects, monitors, analyzes, and publishes fact-based information on energy markets and supply, sources of energy, and the safety and security of pipelines and international power lines. The requirements for reporting on the export of crude oil and refined petroleum products, natural gas, natural gas liquids and electricity from Canada are set out in the Reporting Regulations. The data and reports published by the CER provide timely and relevant information on commodity imports and exports, energy supply, and sources.
Reporting History
Midstream Energy Partners (Canada) Ltd. (Midstream Energy) holds several orders issued by the Commission. Order EBU-051-2025, issued on 24 October 2024, authorizes the export of butane. Order ROE-006-2025, issued on 24 October 2024, authorizes the export of light and heavy crude oil and refined petroleum products.
These orders include conditions which require Midstream Energy to file, using the Commodity Forms web-based system on or before the last day of each month, a return for the previous month. The conditions also require the return to contain the information specified in the Reporting Regulations.
On 4 January 2024, the CER issued an All Company Letter which reminded companies holding an export licence, permit or order to comply with the Reporting Regulations.
On 7 October 2024, the CER Vice President, System Operations, Jonathan Timlin, issued a Warning Letter to Midstream Energy, for consistently making late filings, including for Orders EBU-050-2024 and ROE-095-2024 (which have now expired). The warning letter stated that future non-compliances may result in further enforcement action.
Midstream Energy has since failed to meet the reporting requirements for Orders ROE-006-2025 and EBU-051-2025.
The tables below document the non-compliances which have occurred since the All Company Letter and Warning Letter were issued for each of these two orders.
Non-Compliances for Order ROE-006-2025
| Authorization | Commodity | Due Date | Filing Status |
|---|---|---|---|
| ROE-006-2025 | Crude Oil | 31 March 2025 | Late |
| ROE-006-2025 | Refined Petroleum Products | 31 March 2025 | Late |
| ROE-006-2025 | Crude Oil | 30 June 2025 | Late |
| ROE-006-2025 | Refined Petroleum Products | 30 June 2025 | Late |
Non-Compliances for Order EBU-051-2025
| Authorization | Commodity | Due Date | Filing Status |
|---|---|---|---|
| EBU-051-2025 | Butane | 28 February 2025 | Late |
| EBU-051-2025 | Butane | 31 March 2025 | Late |
Commission Direction
The Commission directs Midstream Energy to comply with the reporting requirements, on or before the last day of each month, as set out in Orders EBU-051-2025 and ROE-006-2025.
If Midstream Energy does not take immediate steps to come into compliance with the Commission’s orders and future reporting is non-compliant, additional enforcement actions may be taken by the CER. Additional enforcement actions are described in the CER’s Enforcement Policy. In particular, the Commission reminds Midstream Energy that contravening a Commission order is a designated violationFootnote 1 that may be subject to an Administrative Monetary Penalty pursuant to the Administrative Monetary Penalties Regulations (Canadian Energy Regulator). Administrative Monetary Penalty amounts are considered debts to His Majesty in right of Canada and can be recovered via enforcement action including by registering certificates of non-payment directly against Midstream Energy’s assets.
This Letter of Direction is being sent via both email and registered mail for action to be taken immediately. Please contact at if you have any questions.
Yours sincerly,
S. Wong for
Ramona Sladic
Secretary of the Commission
- Date modified: